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Whittemore case timeline

2007: Whittemore meets with U.S. Senate Majority Leader Harry Reid, D-Nev., and promised to raise $150,000 for his re-election bid.June 2012: Whittemore is indicted on charges for making illegal campaign contributions to Reid, which included making excessive contributions and making contributions in the name of another person.May 29: After weeks of testimony, Whittemore is convicted on three out of four counts against him, including using family and employees to funnel illegal campaign contributions to Reid.Sept. 30: Whittemore is sentenced to 24 months in federal prison and is fined $100,000.Jan. 31, 2014: Whittemore must report to federal prison.

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9:20 p.m. update:

Calling the case “an incredibly criminal, intentional act,” a federal judge on Monday sentenced fallen Nevada power broker Harvey Whittemore to two years in prison and fined the former multimillionaire $100,000 for using family and employees to make illegal campaign contributions to Senate Majority Leader Harry Reid.

The announcement came at the end of a six-hour sentencing hearing that included an emotional statement from the 61-year-old Whittemore, an ex-lobbyist and wealthy land developer, in which he said he accepted full responsibility, was sorry and ashamed of his actions, and begged U.S. District Judge Larry Hicks for mercy.

Hicks said he was influenced by Whittemore’s lifelong commitment to his family, charities and community service, but said his offense “goes to the very heart of the electoral process” and if the country can’t have faith in that process “we cannot have faith in our democracy.”

“The primary purpose of these laws is to limit the actuality or appearance of corruption resulting from large contributions,” Hicks said. “The appearance of corruption from such a clear violation of the law ... is astounding.”

Assistant U.S. Attorney Steve Myhre stood by his call for a prison term, even after Whittemore’s tearful plea.

“One of the most insidious things is that he brought other innocent people into the scheme, people who loved him and trusted him,” Myhre said. “There is no doubt he is sad, but so is every defendant in every criminal case.”

Whittemore lawyer Dominic Gentile, who had argued for probation, said he would file an appeal on Tuesday. He said he also planned to ask the judge to allow Whittemore to remain on bail until the appeal is decided. Whittemore declined comment as he walked from the federal courthouse with his arm around his wife, Annette.

Hicks said Whittemore could wait until Jan. 31, 2014 to turn himself into the Herlong Federal Correctional Institution near Susanville, Calif., so he can have time to shut down his law practice. Hicks also sentenced him to two years of supervised release and 100 hours of community service once he has completed his sentence.

A federal jury found Whittemore guilty in May of two counts of making illegal campaign contributions to Reid in 2007 and one count of causing the Reid campaign to file a false report with the Federal Elections Commission. The jury deadlocked on a fourth charge of lying to FBI agents investigating the case. Federal prosecutors did not refile that charge.

Each of the three charges carried a maximum sentence of five years in prison, but the federal prosecutors and probation office recommended a 51-month term. Whittemore’s lawyers said he had given much to the state and communities and deserved probation.

Gentile spent much of the hearing arguing against many of the points that the prosecution and probation office used to support their call for a harsh punishment under the federal sentencing guidelines. Hicks said he can follow the guidelines, which consider the elements of the case, or chose a different sentence based on other factors, including the defendant’s lifelong choices.

(Page 2 of 10)

Gentile argued that the probation office’s call for a higher guideline level based on the claim that Whittemore lied to the FBI should not stand because the jury deadlocked on that claim. He also said Whittemore should not be punished for refusing to plead guilty.

But Hicks ruled against many of Gentile’s objections. He said Whittemore fought hard against the charges with dozens of motions, as recently as last Friday and the sentencing guidelines allowed him to consider whether the defendant takes responsibility.

Gentile then painted Whittemore as a man who is generous, caring and a solid family man who has given to charities and supported organizations all his life.

Whittemore suffered through the entire case and his law practice was ruined, Gentile said, arguing those factors should also be considered.

“His good name has been tarnished and his privilege to practice law is in jeopardy,” Gentile said. “He has been politically active since high school but now he is in fact a political leaper.”

Whittmore’s younger sister, Ellen, who also is a lawyer told Hicks that the prosecution’s claims that Whittemore was greedy for money and power were “ridiculous.”

“He gives when it hurts. He gives beyond measure,” she said, adding that he gives to charities but never brags about it. She choked back tears as she said she tries to be more like him.

“Harvey is the most generous person I know,” she said.

When Whittemore made his statement, he brought most of the standing-room-only courtroom to tears. He said he has tried to be a kind and decent man, and failed his own standards by committing a crime. He said the responsibility for his choices were his and he accepted the judge's decision.

Prosecutor Myhre did not sway from his call for a prison term, even after Whittemore’s emotional statement. He said Whittemore knowingly put his employees and family at risk when he decided to commit a felony.

Hicks said Whittemore‘s lifelong achievements are a factor. Hicks said he has never received so many powerful letters supporting a defendant and said he admired Whittemore’s commitment to his family.

(Page 3 of 10)

“"I can tell you those letters are absolutely incredible,“ Hicks said. “This man is a great family man and a leader in the community. He is in the top ten of contributors to the University of Nevada."

But the backdrop is the criminal offense, he said.

“No one is above the law,“ Hicks said. “The evidence is unmistakable. There simply must be a just punishment. I do not see this as a probation case.”

Whittemore stood staring straight ahead as Hicks said he did not agree with the 51-month recommended sentence, but believed two years in prison was appropriate.

7:24 p.m. update:

Judge Hicks is allowing Harvey Whittemore to report to federal prison on Jan. 31. He also fined Whittemore $100.000.

7 p.m. update:

Judge Hicks sentences Harvey Whittemore to 24 months in prison.

6:21 p.m. update:

After Harvey Whittemore made a tearful request for mercy and accepted responsibility, Assistant U.S. Attorney Steve Myhre blasted the former lobbyist for his crime and for knowingly violating the law while placing his employees and family at risk.

“He didn’t get to be where he is by making mistakes -- very few attorneys knowingly go around committing felony offenses. He did,” Myhre said. “And what was the reason? There was evidence of currying favor and there was evidence of access” to Senate Majority Leader Harry Reid.

Whittemore kept his promise to raise money for Reid’s campaign to ensure he would continue to have access to the Congressman, Myhre said. Whittemore tipped the playing field for his own benefit, he said.

“One of the most insidious things is he brought other innocent people into the scheme, people who loved him,” Myhre said, in a sentencing hearing that has run for almost five hours.

People believed in him and he took that trust and twisted it, Myhre said.

“Where was the charity in that?” Myhre asked the judge. “Where was the humility in that? Why did these people have to endure a grand jury investigation?”

Myhre said he abused his power and wealth to knowingly commit a felony offense. Leniency in cases like this should be saved for people who are truly sorry, not for those who “conveniently” come in and apologize.

(Page 4 of 10)

After the jury verdict, Myhre said, Whittemore made statements that implied that someone else was to blame and now he wants mercy.

“There is no doubt that he is sad,” Myhre said, “but so is every defendant in every criminal case.”

While much has been made of Whittemore’s character and charity, Myhre said, many of the people who support him were not in trial to hear the details of his crime. His charitable giving was not relevant, he said.

He placed his family and employees in harms-way when he exposed him to this risk, Myhre said.

5:43 p.m. update:

Harvey Whittemore stood before U.S. District Judge Larry Hicks and cried, as he said he was sorry and he is ashamed. He asked the judge to consider his life’s work, and not his actions in two days in 2007.

His statement as taken down by the reporter:

“I come before you standing alone as a convicted felon. None of the people in the courtroom are responsible in any way. I am solely responsible for the activities that I took. The choices that I made were mine.

In 2007, I made a decision looking back that has caused extraordinary pain. I know that a jury of my peers has found me guilty of a crime. I was wrong and the activities did not meet my own standards. It was arrogant and naive to believe my conduct was lawful. But I cannot change that decision today.

I erred as a lawyer by giving myself bad advice.

I did not destroy records. I made a promise and I kept it. I am an honorable man. And a man of my word.

As a defendant lawyer I respect the time the jury spent on this case. I respect their judgment. Today after you sentence me, I will respect your verdict as well.

I can’t say it in any other words. I am solely responsible for my actions. There wasn’t anybody else who made those decisions. I went forward with what I felt was appropriate and I ended up here.

I’m sorry for the suffering and shame my family has endured as a result of these choices. I’m sorry to my friends who have had to endure these months with me. The anguish they have felt for me and with me is difficult to comprehend.

(Page 5 of 10)

I have said I am sorry to everyone personally.

The embarrassment that my children have felt has shamed me in ways that no public commentary could do. (He paused for his daughter who whose crying could be heard). Please do not discount these three words: I am sorry, he said as his voice broke and he wiped away tears.

“The spirit with which I convey those three words is genuine. And I hope you can appreciate the sincerity. I am sincerely wholly sorry for my wrong decisions. And I’m here in a state of utter shame.

The hardest thing is what happens in the middle of the night when my poor wife wakes up crying and I will carry the hurt that I caused her for life.

I need to set the record straight. I was stunned, mad and overwhelmed when I was called greedy. I’m not greedy.

I have been blessed in my life beyond my wildest dreams. I have never other than in the context of these proceedings exposed what I’ve done. For 21 years, Annette and I gave $2,100 every day (to kids). I never calculated the amount. The reason I did it was because it made me feel good.

I turned 61. I’ve been an honest attorney. I always treated my partners better than I treated myself.

Although I became publicly prominent, it was not what I intended.

I have never ever been given anything of material consequence in my life. I had to earn it. I worked from the age of 12. I babysat. I cut lawns. I learned how to make pizzas before I learned how to drive.

I was raised to believe in the three “Fs” – faith, family and friends. Repeating things that cast a prejudicial light, through the innumerable newspaper stories, I have not lost my faith, my family and friends. I raised my family as good Christians.

The strength of family – all of my brothers and sisters are here. My children. You’re right, it was my job to keep them in line and help them out. They’re good people and good Christians. My family might have a world record of going to a Lutheran service, a Mormon service.

I am and have tried to be a kind and decent man. I always felt it was appropriate when someone needed something you did it. If I have the capacity to say yes, I did.

(Page 6 of 10)

Today I have accepted responsibility for my actions. I was the one who wrote the checks. I respect your decision and the jury’s decision that that was wrong. That is acceptance of responsibility.

I ask that you look at the life that I built in Nevada, raising children and grand children and helping those less fortunate. I ask that you now take into account all of my life, not just two months or two days in 2007.

I am not the person that has been described by the prosecution. I didn’t do this for greed, power. I didn’t do it for any reason than a friend needed help.

I didn’t need to be ingratiated. A person asked me to help him. I did it in a way that was wrong.

I humbly ask that you look upon this life’s work and my conduct and find that it is worthy of a variance that is below the guidelines.

I have to humbly beg you for your mercy.

Thank you and it’s unusual, but I think it’s important that I answer any questions you might have of me.”

Hicks said he did not have any questions and called for a 10 minute break.

4:52 p.m. update:

After the judge heard arguments on the things that set the federal sentencing guidelines for Harvey Whittemore in the 41-months to 51-months in prison range, Whittemore’s lawyer presented a list of reasons why he should be placed on probation.

Whittemore lawyer Dominic Gentile said he has given to charities all his life – it’s part of his character.

“This is a man who cares about people,” Gentile said.

Ellen Whittemore, his younger sister and a fellow lawyer, told the judge that the claims that he was greedy for money and power were “ridiculous.” He worked his way through high school and college and beyond. the only complaint she ever heard from Harvey Whittemore’s wife was that he worked too hard, she said.

“He gives when it hurts. He gives beyond measure,” she said, adding that he gives to charities but never brags about it. She choked back tears as she said she has tried to be more like him.

“Harvey is the most generous giving individual I know,” she said.

(Page 7 of 10)

Gentile said Harvey Whittemore not only gave to charities, he gave his time to numerous organizations, including athletic associations, the YMCA, university organizations, county groups and many more.

Gentile told the judge that when he make the crime fit the punishment, he must consider all that Whittemore has contributed to the community.

“Harvey suffers and considers to suffer,” Gentile said. His good name has been tarnished and his privilege to practice law is in jeopardy, Gentile said. Whittemore also lost his ability to vote – this of a man who was convicted of contributing too much to a political campaign.

“He has been politically active since high school,” Gentile said. But now “he is in fact a political leaper.”

Gentile argued that probation was an adequate deterrence. Prison would be greater than necessary, he said. If the judge decided to add a fund-raising restriction, he would accept that, although few politicians would accept his money.

4:22 p.m. update:

After hearing more arguments this afternoon on the appropriate sentencing levels based on the federal guidelines, U.S. District Judge Hicks said he has settled on a sentencing level of 22, which with no criminal history would set Harvey Whittemore’s sentence at 41 to 51 months in prison.

It will still be up to Hicks to decide whether that’s an appropriate sentence. The two sides are now arguing whether that range is greater than necessary.

As Whittemore’s sentencing hearing went into its third hour, a prosecutor presented arguments for why the former lobbyist should spend time in prison, and the judge ruled in favor of several of his points.

Federal prosecutor Eric Olsen said Whittemore’s sentence should be increased by 10 levels because the evidence showed that he gave money to 29 people so that they would contribute to Senate Majority Leader Harry Reid.

U.S. District Judge Larry Hicks said he agreed with that calculation for a list of reasons.

Hicks said the testimony in the case showed that Whittemore was the source of more than $130,000 that was given to Reid’s campaign. Most of the contributors testified that they had not planned to give to Reid’s campaign before Whittemore gave them the money, Hicks said.

(Page 8 of 10)

Those circumstances support a sentencing level increase, he said.

Hicks also ruled against Whittemore’s claim that the court should not count the total amount of $133,400 because the $4,600 in contributions by each person were actually two $2,300 contributions – one for the primary and one for the general election. Whittemore’s lawyer said that should cut the amount in half, for purposes of sentencing.

Hicks disagreed. He said he “knows without doubt” that Whittemore intended to make “sham” contributions “so that they would be accepted without objection” by the Federal Election Commission and the Reid campaign.

For that reason, an increase in the sentencing level can be applied because the amount tops $130,000, Hicks said.

Assistant U.S. Attorney Steve Myhre also argued that the “abuse of trust enhancement” to the sentence should be added because Whittemore took advantage of his employees and family to commit a crime.

Hicks paused and then said “I’m going to apply the enhancement and overrule the objection” by Whittemore’s lawyers.

“There’s no question there was some kind of a trust relationship that was abused,” Hicks said. “He was in charge. He was the managing partner. (The employees) livelihood was dependent upon him.”

Hicks said he only paused when considering the family’s involvement. He said Whittemore was a devoted father and his children would do whatever he said, Hicks said. They were so strongly economically tied to Whittemore that he controlled their choices, Hicks said.

The position of trust among the family members with Whittemore was actually stronger than the trust between Whittemore as the managing partner of Wingfield Nevada Group and his employees. For those reasons, a sentencing enhancement on that point will apply.

3:30 p.m. update:

U.S. District Judge Larry Hicks ruled against Harvey Whittemore’s claim that he should not be punished at the sentencing for failing to accepting responsibility for the charges of making illegal campaign contributions to U.S. Senate Majority Leader Harry Reid.

(Page 9 of 10)

Whittemore lawyer Dominic Gentile argued that his client had a constitutional right to plead not guilty and defend himself against the charges, and he should not be punished for doing that. The presentence report said the sentence level should be higher because Whittemore did not take responsibility.

But Hicks said this case was “a hard-fought” case that resulted in a two-week trial and the sentencing guidelines allow him to consider the lack of responsibility on a defendant’s part at sentencing.

Gentile also argued that some of the contributions Whittemore’s children made to Reid were voluntary and were not “conduit contributions” as claimed by the prosecution. If the judge did not include those donations, the total amount given to Reid is reduced and the impact on the sentence is reduced, he said.

The judge announced that the court would take its afternoon break before the prosecution argued against this point.

3:24 p.m. update:

The prosecutor is now telling the judge why Whittemore should get prison time. Hearing going on two hours.

3:20 p.m. update:

Whittemore's lawyer told the judge that he will make a statement before sentencing.

3:09 p.m. update:

During the first 90 minutes of Whittemore’s sentencing hearing, U.S. District Judge Larry Hicks heard objections Whittemore’s lawyer about several claims in a presentence report that sought to justify a recommendation of four-plus years in prison and Hicks agreed with some of the defense arguments.

Hicks ruled in the defense’s favor on one important point – the judge said he would not consider the prosecution’s claims that Whittemore obstructed justice by lying to the FBI when calculating the sentence.

Whittemore was convicted in July of two counts of using family and employees to make illegal campaign contributions to Senate Majority Leader Harry Reid in 2007 and one count of causing Reid’s campaign to file a false report with the Federal Election Commission.

The federal jury deadlocked on a fourth charge – that Whittemore lied to the FBI agents who were investigating the contributions. The U.S. Attorney’s Office decided against refilling that charge.

(Page 10 of 10)

At the start of the hearing, Whittemore’s lawyer, Dominic Gentile, detailed his many objections to the presentence report, which had been written by a federal probation officer.

Gentile said he objected to the officer’s suggestion that Whittemore made the donations to Reid in order to elicit favors, especially related to the former lobbyist’s land development. Gentile said the officer based those claims on statements by “punditry and media” and said there was no evidence to support them.

Hicks denied Gentile’s objections to some of the statements, arguing they provided context. But the judge said the officer’s report “would have no effect on the court’s sentencing in this matter.”

Gentile objected to parts of the report that said Whittemore was indicted after he had a falling out with his former partners in the Wingfield Nevada Group. The officer said that falling out involved claims by the Seeno brothers of embezzlement by Whittemore and Gentile said there was no evidence of that claim.

Hicks agreed to change those statements in the report to remove the embezzlement claim.

Gentile also objected to all references in the report about allegations that Whittemore lied to the FBI. He said that charge was dropped and should not be included in any sentencing considerations.

Plus, Gentile said, the judge heard different versions of what happened during the FBI interview so he should not consider the report’s claim that Whittemore “obstructed of justice” and should not use that claim to increase Whittemore’s sentencing level.

Federal prosecutor Eric Olsen disagreed, arguing that during trial, the prosecution provided several examples of how Whittemore told the agents one thing, but witnesses at trial testified that something else happened.

Hicks ruled in favor of Whittemore on this point, saying he did not find there was enough evidence to support the claim that Whittemore lied. The jury’s inability to a verdict on this point had an impact on his decision, Hicks said.

But also, the original contributions happened in 2007 but the investigation didn’t start until late 2011 and into 2012. The passage of five years was significant and could have impacted Whittemore’s memory, Hicks said.

For those reasons, Hicks said he would not use the “obstruction of justice” claim to increase the sentencing guideline level for Whittemore.

3:06 p.m. update:

Judge Hicks agreed with Whittemore lawyer that the lying to FBI claim should not be considered in his sentence.

3:04 p.m. update:

Judge Hicks ruled in Whittemore's favor on the claim that he should not consider a claim in pre-sentence report that Whittemore lied to FBI.

2:54 p.m. update:

Harvey Whittemore's lawyer has spent the last 90 minutes arguing that portions of the pre-sentence report should be thrown out.

2:43 p.m. update:

RGJ reporter Martha Bellisle is required to leave the courtroom to send in updates, so updates are coming in sporadically now.

1:10 p.m. update:

20 minutes out from start of Harvey Whittemore's sentencing and he sits in front with his wife holding hands and whispering.

1 p.m. update:

We are 30 minutes out from the start of the Whittemore sentencing hearing but the courtroom is packed with his friends and family.